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HomeMy WebLinkAbout10-Mayor's Office CITY OF SAN BER.RDINO - REQUEST e>R COUNCIL ACTION From: W. R. "Bob" Holcomb, Mayor Subject: Sunrise Village Apartment Owner's Assoc. Dept: Office of the Mayor U3 :;:; (,..::J rn ,...., C"> c- O ,.... = , c....' ) CJ e::. :1: -','";l ~.." Date: January 30, 1992 Synopsis of Previous Council action: w 0 ., .,.., March 18, 1991: Mayor and Common Council approval of MC-776 ~iom increases the Business License Tax on rental properties in the <are'a generally referred to as the Arden-Guthrie neighborhood by an addi tional $1000.00. Owners or operators of such rental properties who join an area wide owner's association and record Conditions, Covenants and Restrictions against their property, which have been approved by the City Attorney, shall be exempted from this increase. Recommended motion: That the Conditions, Covenants & Restrictions submitted by the Sunrise Village Apartment Owners Association relative to the apartment units in Arden-Guthrie area be approved. Contact person: Ray Salvador Phone: ext. <;111 Supporting data attached: YES Ward: 7th FUNDING REQUIREMENTS: Amount: -0- Source: (Ace!. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. /0 ,')-0:'(,;' CITY OF SAN BER.RDINO - REQUEST e>R COUNCIL ACTION STAFF REPORT The Sunrise Village Apartment Owners Association has requested that the Common Council formally approve their proposed CC&R's. Once approval of the attached documents has been obtained, the Owners Association will begin recording the CC&R's against the properties and official membership rolls can be kept. The Sunrise Village Apartment Owner's Association has been working closely with the City in the revitalization efforts of the Arden-Guthrie area. The proposed CC&R's have been drafted to coincide with the City's Property Maintenance Ordinance and have been approved by the City Attorney's Office. The Apartment Owners' Association is anxious to begin recording these CC&R' s against the properties and for the City to begin enforcing ordinance No. MC-776 relating to business license fees in areas of high crime incidence. 75-0264 . . Recording Requested by, and When Recorded, Mail to, and Mail Tax Statements to the: SUNRISE VILLAGE APARTMENT OWNERS' ASSOCIATION 2194 Dumbarton Avenue, Suite B San Bernardino, California 92404 DECLARA nON OF CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND EASEMENTS INVOLVING AND PERTAINING TO ASSOCIATION RELATED LOTS I PARCELS, ESTABLISHING COMMON RESPONSIBILITIES, RIGHTS AND PERFORMANCE STANDARDS FOR INDIVIDUAL LOTS I PARCELS The SUNRISE VILLAGE APARTMENT OWNERS' ASSOCIATION, hereinafter referred to as "Declarant", are Owners of the real P10perty in the County of San Bernardino, State of California, in the area bounded by Highland A venue, Arden Avenue, Sterling A venue, and the alley South of Roca Street Article 1 DECLARATION , , Each of the parcels of Property in the area bounded by Highland A venue, Arden A venue, Sterling Avenue, and the alley South of Roca Street is currently improved with a four-unit apartment building and appurtenant parking facilities. Further, Declarant, the fee Owners of the Project, hereby makes the following declaration as to division, easements, rights, liens, charges, covenants, servitude, restrictions, limitations conditions and uses to which the Project may be put, hereby specifying that such declaration shall operate for the mutual benefit of all Owners of the Project and shall constitute covenants to run with the land and shall be binding on and for the benefit of Declarant, its successors and assigns, and all subsequent Owners of all or any part of the Project, together with their grantees, successors, heirs, executors, administrators, designees and assigns, for the benefit of the Project, and shall be imposed upon all of the Project as a servitude in favor of each and every other Owner thereof as the dominant tenement 1 . . Article 2. DEFINITIONS The following definitions shaI1 be applicable to this Declaration: I. "Administrator" means that person, persons or entity designated by the Board to be responsible for such duties as designated by the Board 2. "Association" shall mean and refer to SUNRISE VILLAGE APARTMENT OWNERS' ASSOCIATION, a California mutual benefit corporation not for profit, its successors and assigns. 3. "Board" shall mean and refer to the Board of Directors of the Association. 4. "Bylaws" means the Bylaws adopted by the Association, including any amendments or additions thereto. 5. "Declarant" shall mean and refer to SUNRISE VILLAGE APARTMENT OWNERS' ASSOCIATION, its successors and assigns. 6. "Declaration" shall mean and refer to the Declaration or Declarations of Conditions, Covenants, Restrictions, Reservations and Easements recorded with the Office of the County Recorder of San Bernardino County, California, covering the Property, including such amendments thereto as may from time to time be recorded. 7. "Deed of Trust" shall mean and be synonymous with the word "mortgage", and the same may be used interchangeably with the same meaning; and likewise, the work "trustor" shall be synonymous with the word "mortgagee". 8. "Hearini" shall mean and refer to a meeting or portion of a meeting of the Board to review a "Notice" request. , , 9. "Improvements" shall mean any and all security gating, buildings, outbuildings, garages, carports, roads, driveways, parking areas, fences, walls, barriers, planters. screens, irrigation system, landscaping, stairs, decks, poles, signs and any other structural or landscaping Improvements of any kind on the Property. 10. "Lot I Parcel" shall mean and refer to a fee simple estate in the Property, or portions thereof, as defined as a parcel of land described by the records of the San Bernardino County Tax Assessor and which is a legal subdivision within the City of San Bernardino in the area bounded by Highland Avenue, Arden A venue, Sterling A venue, and the alley south of Roca Street. 11. "Manll2er" means any person or entity who has the authority granted by the Owner of certain parcels to manage their Property within the Project. An Owner or Member may be a Manager. 12. "Member" shall mean and refer to every person or entity who holds membership in the Association. 2 . . 13. "MOItia,e" shall mean and refer to a Deed of Trust, or a mortgage encumbering a Lot I Parcel. 14. ,"Nof:ice~.shall m~ and ~fer to a registered.l~tter to an.Owner: (i) requesting entry to the Owner s Urnt; (u) requesting repaus by the Owner; (ill) demanding payment by the Owner; or (iv) other action(s) by the Owner to be in accordance with and compliance with the Rules and Regulation of the Association, which if not satisfied could lead to a lien or foreclosure against the Owner's Lot I Parcel and Unit. 15. "Owner" shall mean the Declarants hereunder, or any subsequent record Owner(s), whether one or more persons or entities of a Lot I Parce1 of land and/or Structure which is a part of the Project, including contract sellers. but excluding those having such interest merely as security for the performance of an obligation. Any entity shall be considered an Owner when title is held by that entity. 16. "Person" means a natural person. corporation, partnership, association, firm or other entity as the context may require. 17. "PrQject" shall mean all of the real Property herein described in Article II, including all Structures and other Improvements thereon. 18. "Pr~y" shall mean and refer to that certain real Property located in the City of San Bernardino. San Bernardino County, Califomia,in the area bounded by Highland Avenue, Arden Avenue, Sterling A venue, and the alley South of Roca Street, Owners of which are required to be Members of the Association. 19. "Rules and Re~ulations" means those rules and regulations adopted by the Association or its Board, including any amendments or additions thereto. 20. "Structure" means building or buildings connected by common structural components such as bearing walls, columns. floors, roofs, slabs, foundations, common stairways and hallways and carports, hereby referred to as "Apartment Complex" or "Structure. " 21. "Unit" shall mean and refer to those individual dwelling units on the Lot I Parcel of the Plu!'<'ll'j shown and described as such on the Parcel Plan and as defined in the Declaration. , , Article 3. USE RF~TRICTIONS AND PROPERTY RIGHTS Use Restrictions. The Lots I Parcels shall be occupied and used as follows: I. Each Lot I Parcel and Unit shall be used only for private apartment dwelling purposes, with appurtenant facilities, and for no other purposes. 2. No sign of any kind shall be displayed to the public view on or from any Lot.' Parcel without the approval of the Association except one (1). "for sale" ~ "for rent" sign. All signs shall conform with all ordinances and other regulations of the City. 3 . . , , 3. No Member shall permit or suffer anything to be done or kept upon said premises which will increase the rate of insurance on any building, or on the contents thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy them by unreasonable noise or otherwise, nor shall any Owner commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings and trash or commit or suffer any illegal act to be committed thereon. Each Owner shall comply with respect to the said premises. 4. Nothing shall be done on any Lot I Parcel which would structurally change any such building or Structure, except as otherwise provided herein, Nothing herein shall affect the rights of the Owner of a lotI Parcel to repair, alter or construct Improvements on the interior of the Units and buildings on said Lots I Parcels unless such repair, alteration or Improvement would impair or alter the structural integrity and/or exterior appearance of said buildings, S. There shall be no structural alteqGtion, construction or removal of any building, fence or other Structure on the Property (other than repairs or rebuilding permitted herein) without the approval of the Association as set forth herein and the appropriate City depanments as required by the City Code. 6. No Owner of lotI Parcel shall permit the parking, storing or keeping of any vehicle except wholly within the parking areas designated thereof. No Owner shall permit the parking, storing or keeping of any large commercial type vehicle (dump truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle (camper unit, camper shell detached from a private passenger vehicle, motor home. trailer, boat trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length or any vehicle other than a private passenger vehicle upon any portion of the Property, including parking spaces, except for emergency repairs thereto and then only to the extent necessary to enable movement thereof to a proper repair facility. No inoperable vehicle shall be stored or kept anywhere on the Project in view. The Owner and the Association shall have the right to remove, at the vehicle owner's expense, any vehicle parked, stored or kept in violation of the provisions of this Declaration. In addition, all provisions of the San Bernardino Municipal Code, including Chapter 15.24 shall apply. 7. The Owners irrevocably agree and declare their intention to form an Association for the administration. management, and maintenance of the Project, Parce.l, .and Improveme~ts common to the Project All Owners shall be Members of the ASSOCIation and comply With the terms and conditions as set forth in the Articles of Incorporation and Bylaws and any rule or regulation of the Association. No Owner shall transfer any ~e'!l~hip or interest in the Association, e~cept upon the transfer of the Lot I Parcel to which It IS appurtenant 8. The rights of Declarant in these Restrictions may be assigned by Declarant to any successor to all or any part of Declarant's interest in the Project by an express assignment incorporated in a recorded deed transferring such interest to such successor. 9. Occupancy of each Unit shall be restricted to not more than three persons for ~h o~e bedroom dwelling Unit, not more than five persons for each twcrbedroom dwelling Umt, and not more than seven persons for each three-be~m dwelling Unit wher~ such occupancy is consistent with state standards as effectiye or as may be effective. or amended. No Owner shall be permitted to lease or rent hiS Lot I Parcel or any dwellmg 4 . . Unit thereon for transient or hotel purposes. Any lease or rental agreement covering a Lot I Parcel or any Unit within a Lot I Parcel shall provide that the terms of the lease or rental agreement shall be subject in all respects to the provisions of this Declaration of Conditions, Covenants and Restrictions, the Articles of Incorporation and the Bylaws and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease or rental agreement All leases and rental agreement shall be in writing. All prospective tenants I occupants of the Project shall make application through the Owner, which Owner shall follow a method approved by the City of San Bernardino. Other than the foregoing, there are no restrictions on the right of an Owner to lease or rent their Lot I Parcel or the apartment Units thereon. 10. Entry onto any Lot I Parcel or into any Unit for other than emergency repairs may be made only after Notice and Hearing, as provided herein, to determine the necessity and right of such entry and the responsibility for the cost of any repairs or maintenance. If determined after such Notice and Hearing, the cost of any such repairs or maintenance shall become a charge for which such Owner shall be responsible; provided however, that if such repairs or maintenance provide a special benefit to any other Lot I Parcel they shall be charged to such Lot I Parcel to the extent of such special benefit 11. No alcoholic beverages or controlled substances shall be permitted to be consumed in compliance with San Bernardino Municipal Code Sections 9.32.030 through 9.32.060. 12. No Owner shall further subdivide their Lot I Parcel nor offer the Lot I Parcel for sale as a "time share" project nor convert said Lot I Parcel to condominium or stock cooperative Ownership without the approval of the Board of Directors of the Association and compliance with applicable City ordinances. 13. No games of chance shall be permitted on or about the Project in compliance with San Bernardino Municipal Code Section 9.44.010 through 9.44.030. Article 4. PROJECT COVENANTS , , A. Covenants and Restrictions Regarding Individual Plupetty Maintenance Each Member of the Association shall have the affU'Illative obligation to prevent what might be considered a fire hazard or a condition dangerous to the public health. safety and general welfare: or constitute an unsightly appearance or otherwise detract from the aesthetic and p'o~ values of neighboring Pluverties. The following minimum ~fUllllance standards for the maintenance of buildings. yards, and landscaping shall be adhered to by each Owner and the Association: 1. Exterior Requirements: (a) All required setbacks abutting a public right-of-way, all side yards. all rear yards and 5 . . parking lots shall be landscaped (except for walks, driveways and improved surfaces) with trees, shrubs, ground cover, decorative rock, redwood bark and/or lawn. Where applicable, landscaping shall be in accordance with approved plans. (b) Trees. shrubs, ground covers, lawns and other plantings shall be maintained, including regu1ar irrigation, pruning of trees, trimming of shrubs and cutting of lawns. (c) Property shall be free of overgrown or dead vegetation, including but not limited to weeds, trees or limbs. Weeds include weed seedlings, sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. (d) Plupcrty shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by the San Bernardino Municipal code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. (e) All vehicles shall be parked or stored on an improved surface. (f) Recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be stored in designated, screened areas on improved surfaces. None of the above shall be occupied. (g) All improvements on the Property, including but not limited to buildings, Structures, storage areas, fences, windows, signs, roofs and gutters shall be painted I preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. (h) Walkways on private Property, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicapped markings shall be maintained in good condition. (i) Buildings, Structures, sidewalks, driveways and parking lots shall be free of graffiti. (j) Ptoperty shall be free from infestation of termites, insects, vermin or rodents. (k) Improved Ptoperty shall be properly connected to a sewage disposal system or sanitary sewer and free from sewage seepage. (I) Installation of solar heating systems on any Lot I Parcel will be permitted, subject to applicable zoning regualtions, the Uniform Building Code and associated ~rdinances, and reasonable architectural review by the City of San Bernardino pursuant to this document 2. Interior Requirements: The interiors of all buildings and Structures on the ~, both exist!ng and ne~ '. and ~ parts thereof, shall be maintained in good repair: safe, and sanitary condil1ons 1D conformance with the building code under which it was built or remodeled. 6 . . B. Forming of Association: 1. Membership in the Association: (a) It is the ,intention of the Owners to fonn an Association of P:lvperty Owners and upon such formation every Person or entity who is a record Owner of a fee or undivided interest in any Lot I Parcel with four-plex Unit Improvements shall, upon such formation, be a Member of the Association and shall remain a Member thereof until such time as his Ownership ceases for any reason, at which time his membership in the Association shall automatically cease. Successors in interest and assigns shall automatically upon becoming record Owners be a Member of the Association. (b) The Owners of all the Structures of land covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws. In the event that any of the matters in the Bylaws are in any way inconsistent with any matters in this Declaration, then any such matters in this Declaration shall prevail. (c) Each Owner of a Structure shall comply with the provisions of this Declaration, the Bylaws, rules and regulations and resolutions of the Association, or its duly authorized representative, all as lawfully amended from time to time, and failure to comply with any such provisions. decisions or resolutions shall be grounds for an action to recover sums due for damages or for injunctive relief. (d) The membership in the Association held by any Structure Owner shall not be transferred, pledged or alienated in any way. except upon transfer of such Ownership. (e) The Association shall have one (I) class of voting membership consisting only of all Owners who shall be entitled to one (I) vote for each Improved Lot I Parcel owned. When more than one Person holds an interest in any Improved Lot I Parcel, the vote for such Lot I Parcel shall be exercised as they among themselves determine, but in no event shall more than one (I) vote be cast with respect to any Improved Lot I Parcel. , , 2. Powers, Rights and Duties of the Association (a) The Association shall have the following powers, rights and duties in addition to those provided elsewhere in this Declaration and those adopted in its Bylaws and rules and regulations: (3) To enforce the provisions of this Declaration. To levy assessments and to perfect and enforce liens as hereinafter provided. To make reasonable rules and regulations for the operation and use of the Project and to amend them from time to time" provided ~hat ~y ~Ie or regulation may be amended or repealed by an Instrument In wntlng Signed by the majority of Owners. To own and maintain individual lots I Parcels within the Project. (I) (2) (4) 7 . . (b) \Yh~never. this Declaration or the Bylaws require the approval or consent of the Assoc~on, 5lI!d approv~ or consent shall mean the written approval of the Board unless otherwISe pl'OVlded by this Declaration or the Bylaws. 3. Maintenance, Repairs and Alterations Notwithstanding the existence of any insurance covering a Structure, an Owner the Association, or any of them, against loss, damage and destruction, the Owners and the Association shall have the affirmative obligations for enforcing maintenance, repair and restoration as set forth in this Article. The Association, through their designees or des!gnated Member(s), shall cond~ct regular in~ti~ns of the Project and shall promptly notify Property Owner(s) of mamtenance defiCienCies. Further, the Association shall ensure compliance is carried out within a specified period of time!. 4. Tenant Screening Methods The Association shall be responsible for ensuring a standard, approved method of tenant screening, which does not discriminate according to age, sex, race or religion, and is used by all Members of the Association. Said method sha1l be approved by the Association. Owners shall submit all proposed tenancy applications to the Association for review prior to acceptance of said applicant, However, Owner may, after review, accept an applicant for tenancy over the Association's objection. , , 5. On-Site Administrator(s) The Association shall designate at least one Administrator for the Project who shall be responsible for such duties as designated by the Board relating to the provisions of this document The Association shall inform the City of San Bernardino of the name, address, and telephone number of said Administrator(s) and of any and all changes to said information within ten ( 10) days of said change. 6. Notice of Transfer Upon the lease, sale or any other type of transfer of a Structure, either the Owner who transfers the Lot I Parcel of land and/or Structure or the transferee shall promptly notify the Association in writing of the name and addresses of the transferee, the nature of the transfer and the Units involved, as well as such other information relative to the transfer and the transferee as the Association may reasonably request An executed copy of the instrument of transfer shall accompany said notice. All transfers shall be subject to this paragraph, including, but not limited to, transfers occurring by reason of sale, lease, gift, devise or inheritance. C. Assessments: 1. Each Owner sha1l be subject to the following assessments in amounts to be determined by the Board: (a) Adequate reserves for rep1acement, whether by capital contribution or otherwise. which reserves shall be amortized and collected on a monthly basis, and special assessments for capital expenditures or other purposes all on the same basis as for regular assessments, provided that in any fiscal year the Board may not, without the vote or wntten consent of a 8 . . majority of the Members, levy special assessments to defray costs of any action or undertaking on behalf of the Association which, in the aggregate, exceed five percent (5 %) of the budgeted gross expenses of the Association for that fiscal year. (b) ChaJ:ges, payments, fines, penalties and such other sums as become payable under this Declaration or the Bylaws. The provisions above shall not apply to nor limit the right of the Board to levy and collect the sums specified herein as special assessments against a Member as a remedy, or to reimburse the Association for costs incurred in bringing the Member or their Lot I Parcel of land and/or Structure into compliance with this Declaration or the Bylaws. (c) In the event an Owner shall have failed to maintain, repair, restore and I or rebuild the Property to the satisfaction of the Association, the Association shall have the right, through its officers, agents and employees to maintain, repair, restore and/or rebuild the same, and the said parties may assess the costs thereof as an assessment upon the Structure of the Owner whose Structure was so repaired, maintained, restored and/or rebuilt by private institutional Mortgage investors for projects similar in construction, location and use. , , D. Effect of Non-Payment of Assessments, Remedies of the Association: 1. Remedies: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum or such greater amount as permitted by law. The Association may bring an action at law against any Owner personally obligated to pay the same, or in equity for foreclosure of the lien against his Lot I Parcel. The Association can also foreclose the lien described hereinbelow by the nonjudicial foreclosure provisions provided for and by the laws of the State of California. No Owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his Lot I Parcel. 2. Notice of Lien: No action shall be brought to foreclose said assessment lien or to proceed under the power of sale herein provided less than thirty (30) days after the date a Notice of claim of lien is deposited in the United States Mail, certified or registered, postage prepaid, to the Owner and a copy thereof is recorded by the Association in the office of the San Bernardino Recorder. Said Notice of claim must recite a good and sufficient legal description of any such Lot I Parcel, the record Owner or reputed Owner thereof, the amount claimed (which may at Association's option include interest on the unpaid assessment at the rate often percent (10%) per annum, or such greater amount as permitted by law, plus costs of collection in connection with the debt secured by said lien but not including attorneys' fees unless awarded by a court), and the name and address of the claimant 3. Foreclosure Sale: Any such sale provided for above is to be conducted by the Board of Directors, its attorney or other Persons authorized by the Board in accordance with .th~ provisions of Sections 2924, 292480 2924b, 2924c, 2924f, 2924g and 2924h of the ClVll Code of the State of California, applicable to the exercise of powers of sale in Mortgages and deeds of. trust, or in any other manner permitted by law. The Association. through duly authorized agents, shall have the power to bid on the Lot I Parcel at any foreclosure sale and to acquire and hold, lease, Mortgage and convey the same. 4. Curing of Default: Upon the timely curing of any default for which a Notice of claim or 9 . . .lien is filed by the Association, the officers thereof are hereby authorized to file or record, as the case may be, an appropriate release of such Notice, upon payment by the defaulting Owner of a fee, to be determined by the Association to cover the costs of preparing and filing or recording such release. 5. Cumulative Remedies: The assessment lien and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above provided.. E. Insurance: In addition to individual or joint casualty insurance carried by each Owner for their Lot(s) I Parcel( s), the following insurance( s) shall be provided jointly by the Association. I. Public Liability: A policy insuring the Association, their officers, the Board and Members against any liability to the public or to the Owners, their guests, invitees or tenants incident to the Ownership or use of the Project Pro~. Limits of liability under such policy or policies of insurance shall not be less than a combined limit of one million dollars ($1,000,000). Said policy or policies shall contain severability of interest endorsements which shall preclude the insurer from denying the claim of named insureds because of any neglect or other act or omission of another named insured. The scope of the coverage must include all other coverage in the kinds and amounts commonly required by private institutional Mortgage investors for projects similar in construction. location and use. 2. Fidelity: A fidelity bond or insurance for Board Members, officers, trustees, employees and volunteers responsible for handling funds collected and held for the Association. naming as insured. the Association for an amount sufficient to cover at least one-and-one-half times the Association's estimated annual operating expenses and reserves. , , 3. Workers' Compensation: Workers' compensation insurance, including employer's liability insurance to the extent necessary to comply with applicable laws. 4. Insurer Rating: All policies of insurance obtained by the Association. as applicable, as provided for herein shall be obtained from an insurance company qualified to do and doing business in the State of California and hold a rating of "BBB+" or better, by Best's Insurance Reports, and such policies may be obtained from one or more companies. F. City's Right of Review and Enforcement: The City of San Bernardino ("City") shall be made a party to this Declaration for the limited purpose as specified herein as follows: 1. Changes or amendments to this Declaration must be approved by the City of San Bernardino. 2. In the event of inaction by the Association concerning provisions of Article 4., the City 10 . . is hereby granted expedient power to enforce all provisions of this Declaration including, but not limited to, the maintenance of yards, buildings and landscaping areas within the P,upmy and the Project 3. The City is hereby granted the express power to enforce all laws and ordinances of the State of California and I or City of San Bernardino on yards, Structures, private parking areas within the Property or upon any Lot I Parcel. Nothing within this Declaration, however, shall be construed as imposing an obligation or requiring the City to enforce any provision thereof. 4. The City shall be given prior written notice of any proposed amendment to this Declaration. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City of San Bernardino, clo City Clerk, together with a letter of transmittal explaining the proposed change in general terms. The City shall have an opportunity to review and comment upon the proposed amendment for a period of not less than forty-five (45) days prior to the effective date of any such proposed amendment If the City fails to respond within forty-five (45) days, the proposed change(s) and amendment(s) shall be deemed approved, unless that time period is extended by mutual agreement of all parties. 5. City of San Bernardino Right of Entry for Code Enforcement, Repair and Traffic Regulation (a) Right of Entry: Declarant hereby acknowledge and intend and thus grant to the City, through the City's duly authorized agents or employees, the right to enter upon the Project for the following purposes: (I) Inspection, maintenance and repair where such maintenance and repair is required because of inaction of the Association. (2) Enforcement of local traffic and/or parking regulations. , , Article S. MISCH ( ANEOUS PROVISIONS A. If any provision of this Declaration or portion thereof. or the application to any Pe:rson or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remamder of this Declaration, or the application of such provision or portion thereof to any.other: Perso'.ls. or circumstance shall not be affected thereby; it shall not be deemed that any such mvalld provIsIon affects the co~sideration for this Declaration; and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. B. This Declaration shall be construed in accordance with the laws of the State of California. C. The Article headings of this Declaration are for convenience only and shall in no way define or 11 . . limit the scope or content of this Declaration and shall not be considered in any construction or interpretation of this Declaration or any part thereof. D. Nothing in this Declaration shall be construed to make any of the Owners, partners, or joint venturers or render any of said Owners liable for the debts or obligations of any other Owners. E. This Declaration shall be binding upon and inure to the benefit of the successors and assigns of Declarant F. This Declaration may be amended, modified, or terminated at any time by a declaration in writing, executed and acknowledge by Declarant or Declarant's successors or assigns and approved by the City of San Bernardino; this Declaration shall not be otherwise amended, modified, or terminated during the term hereof. G. In the event action is instituted to enforce any of the provisions of this Declaration, the prevailing party in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorney's fees and costs. H. Each Owner shall be required to take all reasonable steps necessary to insure that its assignee, transferee, and lessees have knowledge of all terms and conditions of this Declaration, including the requirement that all leases shall be subject to the provisions of this Declaration and the requirement of the formation of the Association. Nonperformance of this provision shall not invalidate the "Constructive Notice" to each such Person or entity resulting from the recordation of this Declaration. I. To the extent that a party has personal responsibility for any term or condition of this Declaration, such personal responsibility shall terminate and be of no further force and effect from and after the date said party ceases to retain any right to all or possession of any portion of any Lot I Parcel subject to this Declaration, except to the extent where said party violated a particular provision prior to transferring its rights to all and/or possession or in some other manner is responsible. in whole or in part, for the alleged default , , Article 6. MORTGAGE PROTECTION Notwithstanding any and all provisions elsewhere in this Declaration to the contrary, in ~rder to induce lenders and investors to participate in the financing of the Plofle!1y and the ~Jc:ct' the following provisions are added hereto, and to the extent these added proVISIons conflict WI!h :my other provisions of this Declaration. the Articles of Incorporation or the Bylaws of the ASSOCIation, these added provisions shall control: (a) Each Mortgagee of a first Mortgage encumbering any Lot I Parcel, upon written request to the Association will be entitled to notification from the Association of any default by the mortgagor of such Lot I Parcel in the perform:mc~ of such moryg~o(s obligations under this Declaration, the Articles or the Bylaws whIch IS nol cured W1thm SIXty (60) days. 12 . . (b) Any "right of first refusal" shall not impair the rights of a first Mortgagee to foreclose or take title to a Lot I Parcel pursuant to the remedies provided in the Mortgage, or accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor, or sell or lease a Lot I Parcel acquired by the mortgagee. (c) Any first Mortgagee or third party foreclosure purchaser who comes into possession or who obtains title to a Lot I Parcel pursuant to the remedies provided in the Mortgage or foreclosure of the Mortgage, or by deed or assignment in lieu of foreclosure, will not be liable for such Lot I Parcel's unpaid dues or charges which accrue prior to such possession or acquisition of title to such Lot I Parcel. The assessment liens provided for herein shall be subordinate to the lien or equivalent security interest of any first Mortgage on a Lot I Parcel recorded prior to the date any such assessments become due. Such subordination shall apply only to assessments which accrue prior to a sale or transfer of such Property pursuant to a decree of foreclosure or trustee's sale. Such sale or transfer shall not relieve such P1opd'ty from liability for any assessments thereafter becoming due or from the lien of any such subsequent assessment. (d) Unless at least seventy-five percent (75%) of the first mortgagees (based upon one vote for each first Mortgage owned), and at least seventy-five percent (75 %) of the Owners of the individual Lots I Parcels, as well as the City have given their prior written approval, the Association or the Owners shall not be entitled to: (1) by act or omission, seek to abandon or terminate the Project, except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation; (2) change the pro rata interest or obligations of any individual Lot I Parcel for purposes of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; (3) use hazard insurance proceeds for losses to any Project Property for other than the repair, replacement or reconstruction of such Property; (4) effectuate any decision of the Association to terminate professional management and assume self-management of the Project: (5) make any amendment to this Declaration, or the Articles, or the Bylaws governing the following subjects: (a) the fundamental purpose for which the Project was created (such as a change from residential use to a different use); (b) voting; (c) assessments, assessment liens, and subordination thereof; (d) Property maintenance obligations: (e) casualty and liability insurance: (t) reconstruction in the event of damage or destruction; (g) annexation; and (h) any provision. which by its terms, is specifically for the benefit of first mortgagees; (6) by act or omission change, waive or abandon any scheme of r.egulations, or enforcement thereof. pertaining to the architectural design or the extenor appearance of Lots I Parcels. the exterior maintenance of Lots I Parcels. or the upkeep of lawns and plantings in the Project; (7) fail to maintain fire and extended coverage on a current replac~ment cost basis in an amount not less than one hundred percent (100%) of the IOsurable value 13 , , . . (based on current replacement cost). (e) First Mortgagees shall have the right to examine the books and records of the Association during normal business hours. (f) Dues or charges shall include an adequate reserve fund for maintenance, repairs and replacement of common facilities of the Project that must be replaced on a periodic basis, and shall be payable in regular installments rather than by special assessments. (g) All taxes, assessments and charges which may become liens prior to the first Mortgage under localiaw shall relate only to the individual Lots I Parcels and not to the Project as a whole. , , (h) In the event of substantial damage to or destruction of any Lot I Parcel or any portion thereof, the mortgagee of any first Mortgage on the Lot I Parcel shall be entitled to timely written notice of any such damage or destruction, and no provision in this Declaration, the Articles or ~c: Bylaws shall ~ interpreted to entitle the Owner of a Lot I Parcel or any other party to pnonty over any nghts of the first mortgagee of the Lot I Parcel pursuant to its Mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of Lots I Parcels. (i) Any agreement for professional management of the Project may not exceed one year, renewable by agreement of the parties for successive one-year periods. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days or less written notioe. Any management agreement for the Project must provide for termination by the Association for cause upon thirty (30) days written notice thereof or less. Ul The Association shall. upon the request of any first mortgagee. (1) give written notice of all meetings of the Association and permit such mortgagee to designate a representative to attend all such meetings, and (2) transmit to such mortgagee an annual audited financial statement of the Project within sixty (60) days following the end of any fiscal year of the Project. (k) If any Lot I Paroel or portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority. then the mongagee of any first Mortgage on a Lot I Parcel will be entitled to timely written notice of any such proceeding or proposed acquisition. and no provision in this Declaration. the Articles or the Bylaws shall be interpreted to entitle the Owner of a Lot I Parcel or any other party to priority over such mortgagee with respect to the distribution to such Lot I Parcel of t!1e proceeds of any award or settlement. (I) As used in this Article 5., "first mongagee" means any mortgagee under a Mortgage which is a first lien of record made in good faith and for value. or a junior lien of record made in good faith and for value by the City. the Agency or an institutional lender in order to assist in the financing of the improvement and/or rehabilitation of the ProjecL No breach of any of the foregoing covenants and restrictions shall cause any forfeiture of title or reversion or bestow any right of re-entry whatsoever. but violation. of anyone or more. of these covenants or restrictions may be enjoined or abated by Declarant, therr successors and assIgns. and 14 . . by the Association, or by an Owner, by action of any court of competent jurisdiction, and damages may also be awarded against such violations; provided, however, that any such violation shall not defeat or render invalid the lien of any Mortgage made in good faith and for value as to said Property or any part thereof, but said covenants and restrictions shall be binding upon and effective against any Owner of said Property, or portion thereof, whose title thereto is acquired by foreclosure, trustee's sale or otherwise. IN WITNESS WHEREOF, the Declarant have caused this Declaration of Covenants, Conditions, and Restrictions to be executed as of the date and year first written below. APPROVED this _ day of , 1991. OWNERS: Robert G. Blevins Peter Booy James Clopton Keith Reno , , Glenn Wennen (Owner's Name) (Owner's Name) 15 . . (Owner's Name) (Owner's Name) (Owner's Name) . (Owner's Name) (Owner's Name) (Owner's Name) (Owner's Name) (Owner's Name) (Owner's Name) (Owner's Name) (Owner's Name) " (Owner's Name) (Owner's Name) (Owner's Name) (Owner's Name) 16 . . The City of San Bernardino is considering offering its employees the opportunity to purchase a PC for their personal use at a reduced price due to purchasing in bulk quantity. The city's role will be to do automatic payroll deductions for payment to the selected vendor. The city requests vendors to quote based on quantities from 1 to 200+ quoting in increments of 25. The basic system configuration is as follows: IBM COMPATIBLE 386, 25 MHZ 80MB HARD DRIVE 4 MB RAM (64K CACHE) 5 EXPANSION SLOTS 101 ENHANCED KEYBOARD MOUSE VGA COLOR MONITOR 1024 X 768 RESOLUTION 1.2 MB 5.25" FLOPPY DRIVE 1.44 MB 3.5" FLOPPY DRIVE 2 SERIAL, 1 PARALLEL PORTS WORDPERFECT 5.1 DOS 5.0 24 PIN PANASONIC KX-P1124 AND 6' CABLE QTY: QUOTE: 1-25 26-50 51-75 76-100 101-125 126-150 151-175 176-200 200+ Prices should also be quoted for the following options which employees mayor may not choose to add to their base system: COST PER EACH 4 MB ADD ON MEMORY COST PER EACH 20 MB ADD ON HARD DISK STORAGE MATH CO-PROCESSOR LOTUS 1-2-3, REV 2.3 PAGEMAKER HAYES COMPATIBLE INTERNAL MODEM WINDOWS 3.0 ADDED COST OF SWAP OF PANASONIC DOT MATRIX FOR LASER INTERNAL CARTRIDGE TAPE DRIVE 6 OUTLET POWER STRIP STARTER SUPPLIES: 1 BOX EACH: 3 1/2" DISKETTES, 5 1/4" DISKETTES, BOX WHITE PRINTER PAPER Vendors may also quote on any other options they feel would be beneficial. All prices quoted must include presenting the employee with a PC ready for use. Vendor pre-installs all options purchased, . . partitions discs, sets up execution files, installs boards, debugs and burns in systems. PC's delivered in a state other than fully operational will be returned. Employees are to receive complete sets of manuals for their chosen system and software. Warranties will be evaluated as part of the bid process and should be thoroughly defined by the vendor as part of the quote. FINANCING The vendor must agree to provide financing, by what ever means the vendor deems necessary for the personal computer package described in this request for proposal. The city of San Bernardino will deduct payments due the financing vendor from program participant paychecks and issue a lump sum check with an itemized list of applicable participants to the financing vendor on a bi-weekly basis. A three party agreement between the city; the financing vendor; and the program participant will have to be established. In that agreement, the program participant will authorize the City of San Bernardino to withhold the applicable bi-weekly payment for the chosen personal computer package, as described in the request for proposal, for as long as the program participant is employed with the City of San Bernardino and has an outstanding debt for the personal computer package selected. If a participant's employment with the City of San Bernardino is severed, the financing vendor alone will be responsible for collection of the separated participant's future payments. The financing vendor will finance the personal computer package, as chosen by the program participant, for a period of 24 months.